ing to the rules, orders and conditions which shall or may from time to time be established by the by-laws or regulations of the corporation hereinafter created, shall forever hereafter be, and they hereby are created a body politic and corporate, by the name of The Proprietors of the Boston Athenæum; and by the said name shall and may sue and be sued, plead and be impleaded, defend and be defended, in all and any court or courts of law or elsewhere; in all manner of actions, suits, pleas Legally emor controversies whatsoever; and in their said corporate ca- powered as a pacity, and by their said name, they and their successors shall body politic. be capable in law to purchase, receive, have, hold, take, possess and enjoy, in fee simple or otherwise, lands, tenements, rents and hereditaments, not exceeding in the whole the yearly value of two thousand dollars, exclusive of the building or buildings which may be actually occupied or used for the literary purposes aforesaid; and the said corporation shall be capable of taking, receiving and holding, by donation, subscription, bequest or otherwise, money, goods, chattels, effects and credits to an amount, the yearly value of which shall not exceed three thousand dollars, so as that the estate aforesaid be appropriated for the purposes aforesaid, and for the promotion of literature, of the arts and sciences, and not otherwise; and moreover the said corporation hall have power to give, grant, sell, alien, convey, exchange or lease, all or any part of their lands, tenements and other property whotsoever, for the benefit and advantage of said corporation. SECT. 2. Be it further enacted, That it shall and may be lawful for the said corporation to have a common seal for their use and benefit, with full power to alter, change and renew it, whenever they shall think the same expedient. Common seal. SECT. 3. Be it further enacted, That the said corporation To determine shall have full power and authority to determine at what times times of meetand places their meetings shall be holden, and on the manner ing, &c. of notifying the associates or proprietors to convene at such meetings; and they shall have power to elect, once in every year or oftener, from amongst the said proprietors, such offcers with such powers as they shall judge expedient; and also further to ordain and enact any by-laws for the due government of the said corporation, and for the due and orderly conducting of the affairs thereof; and for and concerning all matters and things relating to said corporation, and the same at pleasure to alter, amend or repeal: Provided however, That powers vested in their said officers and the said by-laws shall not be repugnant to the constitution and laws of this Commonwealth. ties. SECT. 4. Be it further enacted, That for the giving the more power to effectual sanction to the said by-laws, the said proprietors shall impose penalhave power to impose suitable fines, not exceeding five dollars, for the non-fulfilment or breach of the same; and that for the recovery thereof, the said corporation shall have a suitable remedy by action at law, in any court of law within this Commonwealth proper to try the same. Government to Charter sub tion. SECT. 5. Be it further enacted, That the Governor, the Lieutenant-Governor, the members of the Council, of the Senate, and of the House of Representatives for the time being, shall have free access to the library, museum, and repository of the fine arts of the said corporation, and may visit and consult the same at all times, under the same regulations as may be provided by the by-laws of said corporation, for the proprietors thereof. SECT. 6. Be it further enacted, That the Legislature of this ject to altera- Commonwealth may from time to time appoint a committee or committees to examine the state of the affairs of said corporation, and the manner in which the same may be administered, and that the said Legislature may at any time alter, amend or repeal the charter of said corporation at their pleasure; reserving however to the proprietors for the time being their property in the buildings, funds, books and other property, at such time appertaining to the said corporation. Measures in case of neglect ments. SECT. 7. Be it further enacted, That whenever any proprietor shall neglect or refuse to pay any assessment duly imposed to pay assess upon his share or shares in said corporation for the space of sixty days after the time set for the payment thereof, the treasurer of the said corporation is hereby authorized to sell at public vendue the share or shares of such delinquent proprietor, after duly notifying, in some newspaper printed in the town of Boston, the sum due on such share or shares, and the time and place of sale, at least thirty days before the time of sale; and such sale shall be a sufficient transfer of the share or shares so sold to the person purchasing; and upon producing a certificate of such sale from such treasurer, such purchaser shall be entitled to a transfer of the share or shares so sold, on the books of the corporation; and shall be considered to all intents and purposes the proprietor thereof; and the overplus of such sale, if any there be, after payment of such assessment and incidental charges, shall be paid on demand by such treasurer to the person whose shares were so sold as is before provided. Persons authorized to call the first meet ing. Chap. 43. Chap. 44. Chap. 45. SECT. 8. Be it further enacted, That the said Theophilus Parsons, John Davis, John Lowell, William Emerson, John T. Kirkland, Peter Thacher, William S. Shaw, Robert H. Gardner, Joseph S. Buckminster, Obadiah Rich, or any three of them, shall have power to call the first meeting of the said proprietors, by advertising the same three weeks successively before the time of such meeting, in some newspaper printed in the town of Boston; and that at the said meeting the said proprietors may proceed to execute any or all the powers vested in them in this Act. [Feb. 13, 1807.] An ACT determining at what Times and Place the Court of Common Pleas and An ACT to incorporate the Proprietors of the Female Academy in the Town of An ACT regulating the Hunting of Deer. [Feb. 13, 1807.] Repealed-1817 ch.58. An Act to incorporate a number of the inhabitants of the North Parish in the Town Chap. 46. of Hingham, in the County of Plymouth, into a Religious Society by the name of The Third Congregational Society in Hingham. [Feb. 13, 1807.] An Act to incorporate an Academy in the Town of Farmington, in the County of Chap. 47. Kennebeck, by the name of The Farmington Academy. [Feb. 13, 1807.] An Act to establish an Academy at Canaan, in the County of Kennebeck, by the Chap. 48. name of The Canaan Academy. [Feb. 13, 1807.] Name altered to Bloomfield Academy-1818 ch. 46. An ACT to continue in Force an Act for regulating the Passage Way for Fish Chap. 49. through the Dam at the Mouth of Stoney Brook, so called, in the Town of Chelms ford, in the County of Middlesex. [Feb. 13, 1807.] Further continued-1809 1803 ch. 158. ch. 55. An Act to incorporate the Plantation heretofore called Davistown, into a Town Chap. 50. by the name of Montville. [Feb. 18, 1807.] An ACT to incorporate a number of the inhabitants of the Town of Loudon and Chap. 51. District of Bethlehem, as a Religious Society by the name of The United Congregational Society in Bethlehem and Loudon. [Feb. 18, 1807.] An ACT to establish a Corporation by the name of The Lancaster Turnpike Cor- Chap. 52. poration. [Feb. 18, 1807.] An Act for allowing a further Time to the Proprietors of The Fifteenth Massachu- Chap. 53. setts Turnpike, for completing the same. [Feb. 18, 1807.] Further act--1811 ch. 106. An ACT authorizing the sale of the School Lands in the Town of Jay, to raise a Fund for the Support of Schools in said Town, and for appointing Trustees for those purposes. [Feb. 20, 1807.] 1802 ch. 61. Chap. 54. An ACT to incorporate sundry persons into a Society by the name of The Massa- Chap. 55. chusetts Society for promoting Christian Knowledge. [Feb. 20, 1807.] An ACT to incorporate a number of the inhabitants of the Town of Edgecomb, in Chap. 56. the County of Lincoln, as a Religious Society, by the name of The First Congregational Society in Edgecomb. [Feb. 20, 1807.] An Act in addition to an Act, entitled, " An Act in addition to an Act, entitled, Chap. 57. An Act for incorporating certain persons for the purpose of building a Bridge 1795 ch. 36. over Kennebeck River, at Fort Western, in the Town of Hallowell." [Feb. 20, 1807.] An ACT to incorporate a Part of the Plantation of Porterfield into a Town by the Chap. 58. name of Porter. [Feb. 20, 1807.] An ACT to authorize Ephraim Lincoln and Thomas L. Chase to make Use of the Chap. 59. Waters of Rocky Pond. [Feb. 20, 1807.] An ACT for the Preservation of the Fish in Massapaug Ponds, so called, in the Chap. 60. An ACT to incorporate certain Tracts of Land in the County of Oxford, into a Chap. 61. An Act to incorporate the easterly Part of the Plantation heretofore called Balls- Chap. 62. town, into a separate town by the name of Jefferson. [Feb. 24, 1807.] An ACT to incorporate a number of the inhabitants of the Plantations of Ballstown, Chap. 63. and other Places adjoining, in the County of Lincoln, into a Religious Society by the name of The Calvinistic Baptist Society in Ballstown. [Feb. 24, 1807.] An ACT setting off Bracey Banks and others from the Congregational Society in the Chap. 64. An ACT to divide the Town of Cambridge, and to incorporate the southerly Parish Chap. 65. therein as a separate Town by the name of Brighton. [Feb. 24, 1807.] Chap. 66. 1805 ch. 72. military offi cers may asso a military li An ACT in addition to an Act, entitled, "An Act to enable the Proprietors of Social Libraries to manage the same." BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That any seven or more persons, who are officers in any division of the militia of this Commonwealth, who shall, by writing, associate themselves for the purpose of forming a Military Library Society, within the limits of their division, may become a body Seven or inore politic by the name of The Military Library Society in the Division, for the express purpose of purchasing, holdciate and form ing, increasing, preserving, and using such library; and to this brary society. end,any five or more of them may make an application in writing to any justice of the Peace, within the limits of the division to which said applicants may belong, stating the purposes of their meeting, and requesting him to call a meeting of the said proprietors. And the said justice may thereon grant his warrant to any one of them, directing him to call a meeting of the said proprietors at the time and place expressed in such warrant; and said meeting shall be called by posting up the purport of said warrant, in such public places, within the division where the said library is to be kept, or by publishing the same in one or more newspapers printed within the said division, twenty days at least before the time of said meeting, as the said justice` shall order. And the said proprietors being thus met and organized, may then agree and determine upon the method of calling future meetings, and shall be entitled to all the other rights, powers, and privileges, and be under all the limitations and restrictions, mutatis mutandis, which are contained in the Act to which this is an addition. [Feb. 24, 1807.] Calling of meeting. Chap. 67. Chap. 68. 1806 ch. 1. Chap. 69. An ACT to incorporate certain persons for the purpose of making a Canal on Moose An ACT to repeal the fifth Section of an Act, entitled, "An Act authorizing a Lot- An ACT to incorporate a number of the inhabitants of the second Precinct in the Town of Attleborough, into a Religious Society by the name of The Second Congregational Parish in Attleborough. [Feb. 24, 1807.] An ACT for the better Preservation of the Growth of the Wood and Timber on a Tract of Woodland lying in the Towns of Wenham and Hamilton. [Feb. 24, 1807.] An ACT authorizing The Fourteenth Massachusetts Turnpike Corporation to erect a Gate and take Toll at the same, when a Part of their Road shall be completed. [Feb. 24, 1807.] An ACT to incorporate sundry persons by the name of The First Baptist Society in Vassalborough. [Feb. 24, 1807.] Chap. 70. Chap. 71. Chap. 72. An ACT to incorporate John Gilman Taylor and others by the name of the Proprietors of the Salt Works in North Yarmouth. [Feb. 25, 1807.] An ACT to regulate the taking of Fish called Alewives in a Part of Kennebeck Chap. 75. An ACT to incorporate the Plantation called Medunkook, in the County of Lincoln, into a Town by the name of Friendship. [Feb. 25, 1807.] Chap. 76. An ACT for fixing the Times and Places of holding the Court of Probate within and for the County of Cumberland, and for other Purposes. [Feb. 25, 1807.] An ACT providing for the Cession of one hundred Acres of Land on Quaddy Head to the United States of America. Chap. 77. SECT. 1. BE it enacted by the Senate and House of Represen tatives, in General Court assembled, and by the authority of the same, That a lot of land containing one hundred acres, situate Land ceded. on West Quaddy Head, so called, and lying nearest to the light house, which is, or may be erected on that place, be, and the same is hereby ceded and granted to the United States of America, to be used and improved by such person as may from time to time have the employment of keeper of such light house. tained. SECT. 2. Be it further enacted, That this cession and grant Concurrent is on this express condition, that this Commonwealth shall have jurisdiction reconcurrent jurisdiction with the United States in and over the aforesaid tract of land, so far as that all civil processes, and criminal processes, issued under the authority of this Commonwealth, may be executed therein, as though this cession and grant had not been made. [Feb. 25, 1807.] An Act to confirm the Doings of a Committee appointed to locate the Places Chap. 78. for the Erection of Gates on The Tenth Massachusetts Turnpike. [Feb. 25, 1800 ch. 16. 1807.] An ACT in addition to an Act, entitled, "An Act to cede to the United States the Jurisdiction of certain Lands for the Erection of Light Houses," passed the twenty-fourth day of June, one thousand eight hundred and six. be; Chap. 79. 1806 ch. 21. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That if the agent or person employed for the United States, Referees to be and the owner or owners of such tract of land as shall be appointed. found necessary and convenient for such light house, cannot agree in a sale and purchase thereof, such agent or person employed may apply to the Court of Common Pleas, which may at any time be holden within and for the county of Barnstable, who shall appoint a committee of three disinterested freeholders, to determine a just equivalent to the owner or owners of such land, which committee shall be sworn to the faithful discharge of their trust, and shall forthwith proceed to view, set off, and appraise such tract of land, and shall make such return of their doings to the same court, as soon as may which award and return, being accepted by the said court, and the amount of such appraisement being paid to the owner or owners of land so appraised and set off by such committee; or if the owner or owners shall not appear, or shall refuse to receive such amount of money as the said court shall order, then the amount of the appraisement aforesaid shall be lodged in the office of the treasurer of the county of Barnstable, to be received by the owners or any person legally authorized to receive the same; and the tract of land, so appraised and set off, shall be vested in the United States, and shall be taken, possessed and appropriated for the purposes aforesaid: Provided, that all charges of such application and appraisement shall be paid by the United States; and provided that the land which may be set off for the purposes aforesaid shall not ex |